N.Y. Comp. Codes R. & Regs. tit. 10 § 122.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 122.1 - Village of Lowville

(a) [Application.] The rules and regulations hereinafter given, duly made and enacted in accordance with the provisions of sections 70, 71 and 73 of chapter 45 of the Consolidated Laws (the Public Health Law), as finally amended by chapter 510 of the Laws of 1921, as heretofore set forth, shall apply to the property of the village of Lowville, Lewis County, N. Y., on which are located the springs and reservoirs which supply water to the village of Lowville, consisting of lots numbers 250, 252, 265, 267, 279, 280, 281 and 292 located in the town of Watson, Lewis County, adjacent to and southeast of the southeastern corner of the town of New Bremen, Lewis County, N. Y., and bound as follows: Beginning at a point at the northwest corner of lot number 267, and running thence south 82° east 57.70 chains, thence south 8° west 31 chains, thence north 82° west 21.50 chains, thence south 8° west 6 chains, thence north, 82° west 9 chains, thence south 8° west 31 chains, thence south 83° east 30.50 chains, thence south 8° west 32.80 chains, thence south 83° east 119.90 chains, thence north 8° east 61 chains, thence north 45° east 22.25 chains, thence north 45° west 9.68 chains, thence north 45° east 14 chains, thence south 45° east 9.68 chains, thence north 45° east 70.35 chains to the point of beginning.

(b) [Interpretation.] Wherever a linear distance of a structure or object from a reservoir or watercourse is mentioned in this section, it is intended to mean the shortest horizontal distance from the nearest point of the structure or object to such reservoir or watercourse.

(c) Privies, sewage, house slops, etc.

(1) No privy, privy vault, pit, cesspool or receptacle of any kind, used for the temporary or permanent storage of human excreta, shall be located within the boundary of the above described village property unless placed there by authority of the board of water commissioners of Lowville, in which case such privy, privy vault, pit, cesspool or receptacle of any kind shall be so placed as not to cause any possible pollution of the water supply of the village of Lowville.

(2) No house slops, bath water, laundry or garage wastes or sewage or other excretal matter from any water closet, privy, receptacle or other source shall be thrown, placed, led, discharged, directly or indirectly into any reservoir or watercourse of the water supply of the village of Lowville nor shall any such matters be thrown, placed, led, discharged or allowed to escape on or beneath the surface of the ground within the boundary of the above described village property tributary to the source of public water supply of the village of Lowville.

(3) Whenever, owing to the character of the soil or of the surface of the ground or owing to the height or flow of subsoil or surface water or other special local conditions, it is considered by the State Commissioner of Health that excremental matter from any privy or aforesaid receptacle or from any trench or place of disposal or the garbage or waste from any dump may be washed over the surface or through the soil in an imperfectly purified condition into any reservoir or watercourse, then the said privy or receptacle for excreta or the trench or place of disposal or the said garbage or waste dump shall, after due notice to the owner thereof, be removed to such greater distance or to such place as shall be considered safe and proper by the State Commissioner of Health.

(d) Animals, manure, compost.

(1) No stable for cattle or horses, barnyard, hogyard, pigpen, poultry house or yard, hitching place or standing place for horses or other animals, manure pile or compost heap shall be constructed, placed, maintained or allowed to remain within the boundary of the above described village property, except that incidental to the supervision and maintenance of the public water supply of the village of Lowville in which case special precautions shall be taken to prevent any possible pollution of the public water supply of the village of Lowville.

(2) No cattle, horses, mules, sheep, goats, pigs or poultry shall be allowed to graze or pasture within the boundaries of the above described property.

(3) No manure or compost of any kind shall be thrown, placed or allowed to escape into any reservoir or watercourse nor be placed, piled or spread upon the ground within 300 feet of any such reservoir or watercourse within the above described village property.

(e) Bathing and fishing. No person shall be allowed to bathe or fish in any reservoir or watercourse of the public water supply of the village of Lowville, nor shall any person, other than employees of the village of Lowville, engaged in the work of supervision or maintenance of the public water supply of the village of Lowville, be allowed to trespass, hunt or trap on the above described village property.

(f) Dead animals, offal, manufacturing wastes, etc. No dead animals, birds, fish or any part thereof nor any offal or waste matter of any kind shall be thrown, placed or discharged into any reservoir or watercourse of the water supply of the village of Lowville nor onto the surface of the ground or beneath the surface of the ground within the boundary of the above described village property.

(g) Cemeteries. No interment of a human body shall be made within the limits of the above described village property.

(h) Camps. No temporary camp, tent, building or other structure for housing laborers engaged in construction work or for other purposes shall be located, placed or maintained on the above described village property within 500 feet of any reservoir or watercourse of the water supply of the village of Lowville unless such structure is so located as not to be on the drainage area tributary to the sources of water supply.

(i) Inspections. The board of water commissioners of the village of Lowville or their duly authorized representative shall make regular and thorough inspections of the area surrounding the wells for the purpose of ascertaining whether the above rules and regulations are being complied with, and it shall be the duty of the said board of water commissioners to cause copies of any rules and regulations violated to be served upon the persons violating the same with notices of such violations; and if such persons served do not immediately comply with the rules and regulations, it shall be the further duty of the board of water commissioners to promptly notify the State Commissioner of Health of such violations. The board of water commissioners shall report in writing annually, on the first day of January, the results of the regular inspections made during the preceding year, stating the number of inspections which have been made, the number of violations found, the number of notices served and the general condition of the area surrounding the wells at the time of the last inspection.

(j) Penalty. In accordance with section 70 of chapter 45 of the Consolidated Laws (Public Health Law), the penalty for each and every violation of or noncompliance with any of these rules and regulations which relate to a permanent source or act of contamination is hereby fixed at $100.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 122.1